What San Francisco did to poor little...

What San Francisco did to poor little Yucaipa is a crime

There are 9 comments on the San Bernardino County Sun story from Jul 7, 2008, titled What San Francisco did to poor little Yucaipa is a crime. In it, San Bernardino County Sun reports that:

Group homes are an unpopular subject in the Inland Empire, and I've got the scars to prove it.

Join the discussion below, or Read more at San Bernardino County Sun.

StonesFanVp

Yucaipa, CA

#1 Jul 7, 2008
Why is our state trying to hide illegal drug dealers from the Feds? So, let's get this straight. Our state will give the middle finger to the feds when it comes to illegal, underaged, Hunduras crack dealers....but they will arrest when a medical marijuana, state legal card holder is caught with a joint or a plant? Perhaps this in an example of why our state is referred to as the land of fruits and nuts.
TopAssistant

Durham, NC

#2 Jul 7, 2008
These are criminal actions.

1907 Title 8, U.S.C. 1324(a) Offenses
Title 8, U.S.C. 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).

Domestic Transporting -- Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.

Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.

Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.

Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.

Unit of Prosecution -- With regard to offenses defined in subsections 1324(a)(1)(A)(i)-(v),(alien smuggling, domestic transporting, harboring, encouraging/inducing, or conspiracy/aiding or abetting) each alien with respect to whom a violation occurs constitutes a unit of prosecution. Prior to enactment of the IIRIRA, the unit of prosecution for violations of 8 U.S.C. 1324(a)(2) was each transaction, regardless of the number of aliens involved. However, the unit of prosecution is now based on each alien in respect to whom a violation occurs.
TopAssistant

Durham, NC

#3 Jul 7, 2008
Knowledge -- Prosecutions for alien smuggling, 8 U.S.C. 1324(a)(1)(A)(i) require proof that defendant knew that the person brought to the United States was an alien. With regard to the other violations in 8 U.S.C. 1324(a), proof of knowledge or reckless disregard of alienage is sufficient.

Penalties -- The basic statutory maximum penalty for violating 8 U.S.C. 1324(a)(1)(i) and (v)(I)(alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both. With regard to violations of 8 U.S.C. 1324(a)(1)(ii)-(iv) and (v)(ii), domestic transportation, harboring, encouraging/inducing, or aiding/abetting, the basic statutory maximum term of imprisonment is 5 years, unless the offense was committed for commercial advantage or private financial gain, in which case the maximum term of imprisonment is 10 years. In addition, significant enhanced penalties are provided for in violations of 8 U.S.C. 1324(a)(1) involving serious bodily injury or placing life in jeopardy. Moreover, if the violation results in the death of any person, the defendant may be punished by death or by imprisonment for any term of years. The basic penalty for a violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for not more than one year, or both, 8 U.S.C. 1324(a)(2)(A). Enhanced penalties are provided for violations involving bringing in criminal aliens, 8 U.S.C. 1324(a)(2)(B)(i), offenses done for commercial advantage or private financial gain, 8 U.S.C. 1324(a)(2)(B)(ii), and violations where the alien is not presented to an immigration officer immediately upon arrival, 8 U.S.C. 1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment applies to first or second violations of 1324(a)(2)(B)(i) or (B)(ii). Further enhanced punishment is provided for third or subsequent offenses.
http://www.usdoj.gov/usao/eousa/foia_reading_...
Wayne

Ontario, CA

#4 Jul 8, 2008
TopAssistant wrote:
These are criminal actions.
1907 Title 8, U.S.C. 1324(a) Offenses
Title 8, U.S.C. 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).
Domestic Transporting -- Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.
Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.
Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.
Unit of Prosecution -- With regard to offenses defined in subsections 1324(a)(1)(A)(i)-(v),(alien smuggling, domestic transporting, harboring, encouraging/inducing, or conspiracy/aiding or abetting) each alien with respect to whom a violation occurs constitutes a unit of prosecution. Prior to enactment of the IIRIRA, the unit of prosecution for violations of 8 U.S.C. 1324(a)(2) was each transaction, regardless of the number of aliens involved. However, the unit of prosecution is now based on each alien in respect to whom a violation occurs.
Who is responsible for prosecuting and why are they not?
Group home Staff

Downey, CA

#5 Jul 9, 2008
Yes, I agree with you about some of the group home,but not all of the children are bad. Some of these chidren are in there because thay have ill minded parents with issue. Now for the group homes being in Yucaipa they need a little call because they still have Red Neck that live there. Plus I understand about the Chest pains been there done that . Take care of your health don't worry about group home kids that will pass in time . Trust in the Lord he'll be there for you.
TopAssistant

Durham, NC

#6 Aug 6, 2008
The federal government is responsible for prosecution, DOJ. However, DHS/ICE should go to DOJ and file with them to start the process.
File a complaint with the DOJ and DHS Office of Inspector Generals and complain the government is not doing their jobs.
joshua wilkes hawaii

Berthoud, CO

#7 Jul 7, 2014
StonesFanVp wrote:
Why is our state trying to hide illegal drug dealers from the Feds? So, let's get this straight. Our state will give the middle finger to the feds when it comes to illegal, underaged, Hunduras crack dealers....but they will arrest when a medical marijuana, state legal card holder is caught with a joint or a plant? Perhaps this in an example of why our state is referred to as the land of fruits and nuts.
a san francisco treat
joshua wilkes hawaii

Berthoud, CO

#8 Jul 7, 2014
true dat
EARTHQUAKE

Pomona, CA

#9 May 16, 2017
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